The Carneys Point Township Committee of the Township of Carneys Point
finds that it is in the public interest to require the separation
of designated waste materials from trash, garbage and other waste
products which are collected by Carneys Point Township and are disposed
of in a solid waste landfill facility. Obvious environmental and cost
benefits will be derived from practicing waste minimization, and its
importance as part of a comprehensive solid waste management plan
cannot be overestimated. Hence, the Carneys Point Township Committee
encourages all residents, along with commercial and institutional
solid waste generators, to reduce waste at the source, to reuse materials
when practical and to recycle waste when possible.

The Carneys Point Township Committee also recognizes its obligation
to establish a mandatory recycling program under the provisions of
P.L. 1987, c. 102,[1] as amended. In order to fulfill its obligations under
state statute, to conserve recyclable materials for sale and reuse
to the public benefit and to reduce the amount of solid waste to be
disposed of in a sanitary landfill and thus to reduce the cost of
disposal fees incurred by Carneys Point Township and its residents,
the within chapter is hereby adopted and amended to comply with the
provisions of the County Solid Waste Management Plan.

All materials manufactured from asbestos, including but not
limited to asbestos insulation, asbestos shingles, asbestos millboard,
asbestos gloves or any solid waste which contains friable asbestos
material.

Large items of solid waste which, because of their size or
weight, require handling other than normally used for municipal wastes.
"Bulk waste" includes but is not limited to such items as tree trunks,
mattresses, demolition and construction materials, appliances and
furniture.

Wholesale or retail businesses, professional and nonprofessional
services and service establishments, such as restaurants, cafeterias,
stores, markets, banks, theaters, hotels, motels, taverns and warehouses.
The term shall also include administrative and nonindustrial functions
at industrial sites. The term "commercial sector" shall be liberally
construed in order to include all generators who are not defined as
residential or institutional.

Wood, wood scraps, asphalt shingles, plaster, drywall, wire,
pipe, nonasbestos insulation and similar waste resulting from the
construction or demolition of buildings. "Construction/demolition
debris" shall not include building rubble, as such term is defined
herein.

Those materials designated within the Salem County Solid
Waste Management Plan to be source separated for the purpose of recycling
by residential, commercial, institutional and industrial sectors.
These materials cannot be deposited in the landfill and include:

Steel cans (07) — Rigid containers made exclusively or
primarily of steel, tin-plated steel, and composite steel and aluminum
cans used to store food, beverages, paint, and a variety of other
household and consumer products.

White goods and light iron (11) — All large appliances
such as washers, dryers, refrigerators, etc., as well as products
made from sheet iron, such as shelving, file cabinets, metal desks,
recycled or reconditioned steel drums, stainless steel and other nonstructural
ferrous scrap.

Steel cans (07) — Rigid containers made exclusively or
primarily of steel, tin-plated steel, and composite steel and aluminum
cans used to store food, beverages, paint, and a variety of other
household and consumer products.

White goods and light iron (11) — All large appliances
such as washers, dryers, refrigerators, etc., as well as products
made from sheet iron, such as shelving, file cabinets, metal desks,
recycled or reconditioned steel drums, stainless steel and other nonstructural
ferrous scrap.

Any solid waste or combination of solid wastes, including
toxic, corrosive, irritating, sensitizing, radioactive, biologically
infectious, explosive or flammable solid waste, which poses a present
or potential threat to human health, living organisms or the environment,
provided that the solid waste is defined as hazardous pursuant to
N.J.A.C. 7:26-8.

Plastic products manufactured from high-density polyethylene,
including but not limited to containers for milk, juice, water, many
laundry detergents and fabric softeners, which containers display
the plastic container code number two, shown clearly within the recycling
symbol triangle.

The person or persons appointed by the municipal governing
body and who shall be authorized to enforce the provisions of this
article, and any rules and regulations that may be promulgated hereunder.
This appointee shall also be responsible to assure that all materials
recycled in the municipality are properly reported and recorded.

A facility at which commercial, residential and institutional
generators may deposit designated recyclable materials in a market-ready
state and which recyclable materials do not require further separation
or processing prior to marketing.

Plastic products manufactured from polyethylene terephthalate,
including but not limited to containers for soft drinks, which products
will generally display the plastic container code number one, shown
clearly within the recycling symbol triangle.

An identification system used by manufacturers to identify
seven different types of plastic materials through a code number (a
single digit one through seven) displayed within a recycling symbol
triangle on the bottom of each container. The respective plastic container
codes are as follows:

Any device or system used in the treatment, including recycling
and reclamation, of municipal sewage or industrial wastes of a liquid
nature which is owned by the state, a municipality or a public authority.
This definition includes sewers, pipes or other conveyances only if
they convey wastewater to a "POTW" providing treatment.

A facility, approved by the Department, designed and operated
solely for receiving, storing, processing and transferring source-separated,
nonputrescible or source-separated commingled nonputrescible metal,
glass, paper, plastic containers, corrugated and other cardboard or
other recyclable materials.

Any system, site, equipment or building which is utilized
for the storage, collection, processing, transfer, transportation,
separation, recycling, recovering or disposal of solid waste, but
not including a recycling center.

A petroleum-based or synthetic oil which, through use, storage
or handling, has become unsuitable for its original purpose due to
the presence of impurities or loss of original properties, such as
crankcase oil.

The Carneys Point Township Committee determines that the materials designated within the Salem County Solid Waste Management Plan as defined in § 206-3 shall be source separated and designated recyclable materials within the Township of Carneys Point. The Township Committee may, from time to time, designate additional items as recyclable materials. Such determination shall be made by resolution.

It shall be mandatory for all persons who are owners, lessees, tenants
or occupants of residential and nonresidential premises, including
but not limited to retail and commercial locations, government, schools,
and other institutional locations within the municipality of Carneys
Point, to separate designated recyclable materials from all solid
waste. Designated recyclable material shall be placed separately at
the curb in a manner and in such days and times as may be established
by the Township of Carneys Point.

When municipal curbside collection is not provided for designated
recyclable materials, as is the case for those recyclables generated
by commercial and institutional entities, it shall be the obligation
of the generator to arrange for the private collection and delivery
of designated recyclable materials to a recycling facility or to deliver
designated recyclable materials to a municipal recycling depot designated
by the Township of Carneys Point.

The owner of each property shall be responsible for compliance with
this article. For multifamily dwelling units, including but not limited
to condominium complexes and seasonal hotel/motels and guesthouses,
the management or owner is responsible for setting up and maintaining
the recycling system, including collection of source-separated recyclable
materials. Violations and penalty notices will be directed to the
owner or management, in those instances where the violator is not
easily identifiable. The owner or management shall issue notification
and collection rules regarding recycling requirements to all new tenants
when they arrive and with a reminder a minimum of every six months
during their occupancy.

The owner or occupant of any residential property located within
the Township of Carneys Point who shall place for disposal, removal
or collection the items defined in this article shall do so in strict
conformity with the following regulations:

Paper products may be commingled in one container or may be
placed in brown paper bags; however, plastic bags shall not be used
for curbside collection of paper products; glass food and beverage
containers, metal food and beverage containers, and plastic bottles
and jugs may be commingled in one container.

All containers and brown paper bags continuing source-separated
recyclable materials shall be placed, prior to collection, between
the curb and sidewalk, or in the absence of curb and sidewalk, as
near to the street as possible as not to constitute a danger where
such receptacles shall be readily accessible to the collector without
providing obstruction to pedestrians.

Vegetative waste, such as limbs, branches, small trees and bushes,
shall be cut in lengths not to exceed four feet and placed neatly
at the curbline. Any exceptions to this length requirement must be
approved by the Superintendent of the Township Streets and Roads Department.

White goods, ferrous waste and nonferrous waste shall be placed
at curbside at a time and date agreed upon, in advance, by the owner
or occupant of the property and the Superintendent of the Township
Streets and Roads Department.

All other items not heretofore defined in this section or subsequently
designated as recyclable materials by the Township Committee shall
be considered as trash and debris, and said items shall be placed
in metal or heavy-duty plastic containers, which containers are to
be secured by a lid. No container shall exceed thirty-two-gallon capacity,
and no container, when filled, shall exceed a weight of 50 pounds.

The Township Committee shall cause notification to be given to residential
leaf generators within the Township of the requirements of this section
of this article the duties and responsibilities of each such generator,
the persons designated as enforcement officers under this article,
and the fines and penalties imposed for violation of this article.

The arrangement for collection of all categories of designated mandatory
recyclables hereunder shall be the responsibility of the commercial,
institutional or industrial property owner or their designee, except
for those specific designated recyclable materials that are collected
by the municipality from that property. All commercial, institutional
or industrial properties at which litter is generated by employees
or the public shall provide litter and recycling receptacles. These
properties shall provide for separate recycling collection services
for the contents of the recycling receptacles.

Every business, institution or industrial facility shall report on
a quarterly basis to the Municipal Recycling Coordinator on such forms
as may be prescribed, regarding recycling activities at their premises,
including the amount and type of recycled material not placed curbside
for municipal collection. If material is removed from the premises
by a hauler, recycler or paper shredder, the quantity and final disposition
of the material is to be reported on the form.

All food-service establishments, as defined in the Health Code, shall,
in addition to compliance with all other recycling requirements, be
required to recycle grease and/or cooking oil created in the processing
of food or food products, and maintain such records as may be prescribed
for the inspection by a code enforcement officer.

Any application to the Planning Board of the Township of Carneys
Point for subdivision or site plan approval for the construction of
multifamily dwellings of three or more units, single-family developments
of three or more units or any commercial, institution or industrial
development of 1,000 square feet or more must include a recycling
plan. This plan shall contain, at a minimum, the following:

Locations documented on the application's site plan that
provide for convenient recycling opportunities for all owners, tenants
and occupants. The recycling area shall be of sufficient size, convenient
location and contain other attributes (signage, lighting, fencing,
etc.) as may be determined by the Municipal Recycling Coordinator.

Prior to the issuance of a certificate of occupancy by the municipality
of the Township of Carneys Point, the owner of any new multifamily
housing or commercial, institutional or industrial development must
supply a copy of a duly executed contract with a hauling company for
the purposes of collection and recycling of source-separated designated
recyclable materials for those locations or properties where the municipally
does not otherwise provide the service.

The Township Committee is hereby authorized to promulgate, from
time to time, additional rules and regulations relating to source
separation, preparation, placement and collection of recyclable materials
pursuant to the provisions of this program and article; provided,
however, that such rules and regulations shall not be inconsistent
with terms and provisions of this article and shall be approved by
the governing body. Such rules and regulations shall be duly promulgated
subsequent to publication so that the public has had notice hereof.

If any recyclable product is placed at curbside in a manner
wherein said product is not easily visible to the collector, the container
shall be marked in a clear and visible fashion by the occupant or
owner of the property so as to indicate the contents of said receptacle.

It shall be the responsibility of the owner or occupant to properly
segregate the uncollected waste for proper disposal and/or recycling.
Allowing such unseparated solid waste and recyclables to accumulate
at the curbside beyond 7:00 p.m. on the day of collection will be
considered a violation of this article and the local sanitary code.

Once placed in the location identified by this article, or any rules
or regulations promulgated pursuant to this article, no person, other
than any personnel authorized by the municipality or the owner or
occupant responsible for placement of the designated recyclable materials
for collection, shall tamper with, collect, remove, or otherwise handle
designated recyclable materials. Upon placement of such designated
recyclable material, it shall become property of the municipality
or its authorized agent. It shall be a violation of this article for
any person not duly authorized to collect or pick up or cause to be
collected or picked up any recyclable materials that are the property
of the municipality as provided for above.

It shall be unlawful for solid waste collectors to collect solid
waste that is mixed with or contains visible signs of designated recyclable
materials. It is also unlawful for solid waste collectors to remove
for disposal those bags or containers of solid waste which visibly
display a warning notice sticker or some other device indicating that
the load of solid waste contains designated recyclable materials.

The collection, removal and disposal of solid waste and recyclable
material from residential properties in Carneys Point Township shall
be supervised by the Superintendent of the Department of Streets and
Roads in accordance with this article. The following shall not be
accepted for collection:

Any waste material not accepted by the Salem County Solid Waste Facility
without special arrangements, special packaging, special handling
or special fees. Such wastes include but are not limited to the following:

Waste resulting from the demolition or renovation of buildings. For
all activities that require municipal approval, such as construction,
demolition or public event permits, a designated recyclable materials
plan shall be filed along with all other required permit conditions.
The plan shall include provisions for the recovery of all designated
recyclable materials generated during construction, renovation and
demolition activities, as well as, public events. The Municipal Recycling
Coordinator shall review the information submitted pursuant to this
section of this article and determine, prior to the issuance of municipal
approval or permit, whether the plan submitted by the owner of the
entity carrying out the covered activity will comply or fail to comply
with the recycling requirements set forth herein. The determination
regarding compliance will be provided to the Municipal Works Director/Supervisor
and the owner of the entity carrying out the covered project in writing.
When such plan is deemed not compliant, the Municipal Recycling Coordinator
shall include specific conditions to be implemented by the permit
holder to achieve compliance. It shall be a violation of this article
for any permit holder to fail to comply with the recycling requirements
set forth herein.

All containers for solid waste and designated recyclable materials shall be supplied by the occupant or owner of the premises. Said containers shall meet the specifications set forth in § 206-5 hereof. Said containers shall be readily accessible to the collector. The occupant or owner shall keep all containers clean and in a condition for safe handling.

Containers and items to be disposed of shall be placed at the curbline
no earlier than 6:00 p.m. of the day immediately preceding the day
of collection. After collection, all empty containers are to be removed
by the owner or occupant of the property not later than 8:00 p.m.
of the day of collection.

In addition to any of the remedies provided herein for violation
of this article, the Township shall have the right to refuse to collect
any solid waste or recyclable materials in the event that the property
owner or occupant has not complied with the provisions of this article.

The Municipal Recycling Coordinator shall be responsible for
coordinating and overseeing recycling efforts within the Township
and the filing of all reports and notices as required by law. Such
reports include but are not limited to:

The Carneys Point Township Clerk shall develop an application
form which shall be utilized in connection with the collection of
bulk waste. The application form shall include the name, address and
telephone number of the applicant, the item of bulk waste to be collected
and the fee paid for said collection. Application forms shall be available
at the office of the Township Clerk and the Chief Municipal Finance
Officer. Each person, firm or corporation desiring the collection
of bulk waste shall complete an application form and file same with
the Township Clerk or the Chief Municipal Finance Officer.

Upon the filing of a completed application form as required pursuant to § 206-10.5 hereof, and payment of the fee as required pursuant to § 206-10.4 hereof, the Township Clerk shall issue a label to the applicant. Said label shall be affixed to the item of bulk waste to be collected by Carneys Point Township. No item of bulk waste shall be collected by the Township of Carneys Point, its agents or employees, unless an appropriate label has been affixed thereto.

Any person, firm or corporation who shall violate Article I of the provisions of this article shall be subject to a fine of not less than $50 and not more than $1,000 or imprisonment in the Salem County Correctional Facility for a term not to exceed 90 days, or both by such fine and imprisonment, in the discretion of the Municipal Judge. The continuation of any violation for each successive day shall constitute a separate offense, and the person, persons, or entity allowing or permitting the continuation of the violation may be punished as provided above for each separate offense. Any violation may be afforded warnings at the discretion of the enforcement designees before the issuance of any fines.

The Municipal Recycling Enforcement Officer(s) are hereby individually
and severally empowered to enforce the provisions of this article.
The enforcers of this article may conduct an inspection at the site
of the generator, which consists of sorting through containers and
opening of solid waste bags to detect, by sound or sight, the presence
of any designated recyclable materials. However, any official or employee
of Carneys Point Township shall be authorized to sign a complaint
in the Municipal Court of Carneys Point Township for violation of
any of the terms of this article. Additionally, the Salem County Health
Department (SCHD) shall be empowered to enforce the provisions of
this article. The municipality shall retain primary enforcement responsibility
with the SCHD also serving in an enforcement role, which includes
inspection of commercial establishments and multifamily residential.

"Litter" means any used or unconsumed substance or
waste material which has been discarded, whether made of aluminum,
glass, plastic, rubber, paper or other natural or synthetic material
or any combination thereof, including but not limited to any bottle,
jar or can or any top, cap or detachable tab of any bottle, jar or
can, any unlighted cigarette, cigar, match or any flaming or glowing
material, any garbage, trash, refuse, debris, rubbish, grass clippings
or other lawn or garden waste, newspaper, magazines, glass, metal,
plastic or paper containers or other packaging or construction material,
but does not include the waste of the primary processes of mining
or other extraction processes, logging, sawmilling, farming or manufacturing.

In the event that any litter, as such term is defined in § 206-12B hereof, is found to contain the name, address or other reliable identification connecting said litter to a person, firm or corporation, such finding shall create a prima facie presumption that such litter was placed at its location by such person, firm or corporation.

Litter receptacles and their servicing are required
at the following public places which exist in the municipality: sidewalks
used by pedestrians in active retail commercially zoned areas such
that, at a minimum, there shall be no single linear quarter mile without
a receptacle; buildings held out for use by the public, including
schools, government buildings and railroad and bus stations; parks;
drive-in restaurants; all street vendor locations; self-service refreshment
areas; construction sites; gasoline service station islands; shopping
centers; parking lots; campgrounds and trailer parks; marinas, boat
moorage and fueling stations; boat launching areas; public and private
piers operated for public use; beaches and bathing areas; and at special
events to which the public is invited, including sporting events,
parades, carnivals, circuses and festivals. The proprietors of these
places or the sponsors of these events shall be responsible for providing
and servicing the receptacles such that adequate containerization
is available.

It shall be unlawful for any person to discard
or dump along any street or road, on or off any right-of-way, any
household or commercial solid waste, rubbish, refuse, junk, vehicles
or vehicle parts, rubber tires, appliances, furniture or private property,
except by written consent of the owner of said property, in any place
not specifically designated for the purpose of solid waste storage
or disposal.

It shall be unlawful for any residential property
owner to store or permit storage of any bulky household waste, including
household appliances, furniture and mattresses, in areas zoned residential,
except in a fully enclosed structure or during days designated for
the collection of bulky items.

It shall be unlawful for any residential property
owner to store or permit the storage of tires in areas zoned residential,
except in a fully enclosed structure or on days designated for the
collection of tires.

It shall be unlawful for any person to keep
or permit the keeping on streets, vacant lots and residential lawns,
except in a fully enclosed structure, any motor vehicle, trailer or
semitrailer which is missing tires, wheels, engine or any essential
parts; or which displays extensive body damage or deterioration; or
which does not display a current valid state license; or which is
wrecked, disassembled or partially disassembled.

It shall be unlawful for any vehicle to be driven,
moved, stopped or parked on any highway unless such a vehicle is constructed
or loaded to prevent any of its load from dropping, sifting, leaking
or otherwise escaping therefrom. Any person operating a vehicle from
which any glass or objects have fallen or escaped which could cause
an obstruction, damage a vehicle or otherwise endanger travelers or
public property shall immediately cause the public property to be
cleaned of all glass or objects and shall pay the costs therefor.

It shall be unlawful for any owner, agent or
contractor in charge of a construction or demolition site to permit
the accumulation of litter before, during or after completion of any
construction or demolition project. It shall be the duty of the owner,
agent or contractor in charge of a construction site to furnish containers
adequate to accommodate flyable or nonflyable debris or trash at areas
convenient to construction areas and to maintain and empty the receptacles
in such a manner and with such a frequency as to prevent spillage
of refuse.

Any waste generated by an industrial, business
or commercial use shall be disposed of lawfully by the owner or operator
of said industrial, business or commercial use. Commercial use shall
include all apartment buildings consisting of three or more dwelling
units.

If any section, paragraph, subsection, clause
or provision of this Article shall be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity
of this Article as a whole or any other part thereof.

Any person, firm or corporation violating any of the provisions of the Carneys Point Township Code, § 206-12, entitled "Littering prohibited," or § 206-14, entitled "Dumping along public ways," shall be subject to the following penalties:

In addition to the fines set forth above, any person convicted of a violation of § 206-12 or 206-14 of the Carneys Point Township Code may also be sentenced to imprisonment in the Salem County Jail for a period not to exceed 90 days. The Carneys Point Township Municipal Court may also require any person, firm or corporation convicted of a violation of § 206-12 or 206-14 to perform community service for a period of not more than 90 days or to pay such restitution as is required in order to reimburse the Township or such other person who has removed the litter or waste unlawfully disposed of by the person, firm or corporation convicted of violating § 206-12 or 206-14 of the Carneys Point Township Code.[1]